Conversion fray shows M’sia is no longer secular
‘Civil court has no say in Muslim custody’
The syariah court should know that the steps for legal conversion was not complied with hence they should declare the conversion as null and void and illegal. It is as simple as that.
Why are the lawyers for the mother not arguing on this point? It is a deliberate attempt to delay this case.
Malaysian 53: I believe the lawyer has disregarded that the convert father has no right to convert his children without the consent of his non-converting wife.
Let us see how the Federal Court rules. This will be a test whether the Federal Court will uphold the constitution.
Whatsup: So the Syariah Court has total jurisdiction then? That’s grossly unfair especially for families of converts. Such courts shouldn’t be bigoted and play politics.
The convert should rightly exercise his new rights only from the day he converted, and he can convert his underage children only from that point in time with full knowledge and consent of his non-Muslim ex-wife.
How can he convert the child himself and secretly, without his family’s knowledge, and why does the court endorse such injustice? Is this fair?
Simon: Just because another Federal Court judge makes an idiotic ruling it does not mean that is correct. The couple’s marriage and divorce were conducted under secular laws, so how does syariah come into effect?
ACR: Lawyers are supposed to facilitate the court and judge in dispensing justice but alas, some of these people are out to confuse and lie. In light of this lawyer Hanif Khatri Abdullah’s arguments the following points must be noted:
1) A guardian is a person lawfully vested with the power and authority to manage the rights and assets of another who is incapable (by reason of age, etc) to manage his/her own affairs. In this instance, the children have parents and guardianship does not arise.
2) The Nik Hashim judgment is nonsense and should be reviewed in the context of children (below 18) from a non-Islamic union being converted unilaterally by the convert spouse. This judgment is so flawed that it gives either spouse the right to convert a child. So can the unconverted spouse then reconvert the child back to another religion?
It makes a mockery of religions and the child’s life. State Islamic enactments too must be reviewed here.
3) Section 51 LRA (Law Reform Act) 1976 allows the civil court to decide on custody following conversion of a spouse.
Anonymous #33457332: Apart from the fact the couple had gotten a divorce in the civil court before the father converted to Islam, who gave him the right to convert their children when the custody rights of the kids have not been settled yet?
RR: Any person over the age of 18 can convert to any religion if he so desires but a single parent has no right to convert his children under 18. The children have their own legal right of choice of a religion when they reach 18 years.
Therefore the question of religious law does not apply here, whether in civil court or any religious court. Whichever the courts, please respect humanity and the right of harmonious living in a plural society.
Vent: I believe I’m a law-abiding citizen only given to the usual bursts of anger and annoyance when disgruntled. But why do I feel murderous when I see this picture of N Viran @ Izwan Abdullah brandishing his hapless son as an ill-gotten trophy?
Because he is supported by the weight of unjust decisions in this case against a hapless mother. Why do we fear hudud when we are already victims of the injustice of this administration of Islam that wishes no peace on others?
Oh Ya?: This is worse than hudud laws that PAS wants to put in place. A child was forced to convert and not given the right to choose when he/she reaches maturity. Meantime, the other half who is a non-Muslim lost his/her right to fight the custody case in a civil court.
This is absurdity of the highest order and is plain disregard to the rights of the other half. And why are the ruling elite and the opposition legislators not doing anything to right the wrongs by amending the laws?
MacMac: This is a preview of what will happen when hudud is implemented. Eventually hudud will be made applicable to all, irrespective of whether you a Muslim or not. The civil court has become secondary and the constitution is totally disregarded.
Myrights: Indeed, this is a peek of what hudud would be like if approved in Parliament. For those people who think non-Muslims will not be affected, just look at this case and tell me again that syariah laws and hudud will have no impact to non-Muslims.
Senior: We are a secular state, so why do we let religious courts have a bigger say?
Vijay47: All this anger, disappointment, injustice, and heartbreak must be laid squarely on the head of former PM Dr Mahathir Mohamad, who toyed with the provisions of the constitution and created a parallel judicial system merely to serve Umno’s interests.
And now he wants us to believe that he is some saint sent to deliver us from evil.
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